Weldon Spring City Zoning Code
ARTICLE IX
Conditional Use Regulations
Section 405.310 Authorization.
[Ord. No. 18-12, 12-11-2018]
The Board of Aldermen is hereby authorized to decide whether conditional use permits shall be granted subject to the standards contained herein; to grant conditional use permits with such conditions or restrictions as are appropriate to protect the public interest and to secure compliance with these regulations; and to deny requests which fail to satisfy the standards and requirements contained herein and which are not in harmony with the purposes and interest of these regulations and the health, safety, and welfare of the community. The Board of Aldermen shall decide whether conditional use permits shall be granted only after having received a recommendation from the Planning and Zoning Commission and following the public hearing requirements contained herein.
Section 405.315 Application.
[Ord. No. 18-12, 12-11-2018]
A.
A written application shall be filed with the City to obtain a conditional use permit for the uses hereinafter set forth in this Chapter or for uses previously issued a conditional use permit where alteration or an extension is requested. Moreover, any use classified as a conditional use by these Zoning Regulations, which has not previously been issued a conditional use permit by the City, shall be required to file an application for such permit prior to any alteration or extension of such use.
B.
Upon receipt of an application, together with a concept plan and necessary descriptive material of the entire parcel including all permitted and conditional uses, the Zoning Commissioner shall submit the application to the Planning and Zoning Commission.
C.
The fee as set by ordinance shall accompany an application for a conditional use permit.
Section 405.316 Review Procedures.
[Ord. No. 18-12, 12-11-2018]
A.
Public Hearing. Upon receipt of a complete application, together with a concept plan and necessary descriptive material, the Zoning Commissioner shall refer the application to the Planning and Zoning Commission for Public Hearing not later than the second regular monthly meeting of the Planning and Zoning Commission from the date of the filing of the same. Notice shall be given of the time and place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one (1) or more newspapers with a general circulation within the City. Notice shall also be given at least fifteen (15) days before the public hearing, by First Class Mail to all owners of any real property within five hundred (500) feet of the parcel of land for which the conditional use permit is proposed. A permanent record shall be kept of the persons notified, their addresses and the date and time when each notice was sent, and, if applicable, any notice achieved by publication. The notice shall state:
1.
The caption and number of the case; and
2.
The time and place of the hearing; and
3.
That a CUP application was filed, the date when it was filed and the name of the party filing for the CUP; and
4.
A brief statement of the matter involved in the case; and
5.
That the public may submit information deemed necessary and the deadline by when a party shall submit such information; and
6.
That case documentation will be provided to the applicant electronically but that a copy of the case documentation in any other format may be obtained upon request, pursuant to the provisions of Chapter 610 RSMo., Open Records Law.
B.
Planning and Zoning Commission Review. After the public hearing, the Planning and Zoning Commission shall review the application and concept plan based on the conditions set forth in Section 405.317 and evidence presented during the public hearing. Within ninety (90) days after the close of the public hearing, the Planning and Zoning Commission's report and recommendation shall be submitted to the Board of Aldermen. If the Planning and Zoning Commission fails to file said report and recommendation with the Board of Aldermen within ninety (90) days, the application shall be forwarded to the Board of Aldermen with a favorable recommendation.
C.
Board Of Aldermen Review And Action. The application having received a recommendation from the Planning and Zoning Commission advances to the Board of Aldermen as a bill for introduction and public hearing at the next available Board Meeting. After the Public Hearing, the Board shall review the application based on the criteria provided in Section 405.317 and consider the report and recommendation of the Planning and Zoning Commission and evidence presented during the public hearings. The Board may approve the bill and impose such conditions as will, in the Board of Aldermen's judgment, ensure that the establishment, maintenance, or operation of the conditional use permit will not be detrimental to or endanger the health, safety, or general welfare. It shall require an affirmative 2/3 majority vote of the Board of Aldermen to overturn a negative recommendation of the Planning and Zoning Commission. The bill shall not be second read until the record is complete and findings of fact and conclusions of law have been prepared, made part of the record and incorporated into the bill. No decision on any CUP application shall become final for purposes of judicial review until the effective date of the Board's final action.
D.
New Applications. After the review procedures set forth herein have been exhausted, any application for a conditional use permit that does not receive final approval of the Board of Aldermen may not be resubmitted to the Planning and Zoning Commission as a new application for a period of at least twelve (12) months from the date of the Board's final decision, except in cases where the use requested in the new application differs from that presented in the original application.
E.
Amendments. In order to amend the conditions of an existing conditional use permit, the procedure shall be as follows:
1.
The property owner or authorized representative shall submit a written request to amend conditions to the Zoning Commissioner for review. The Commissioner shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
2.
The Commissioner shall then forward the request and staff report to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the proposed condition amendments and file a report with the Board of Aldermen in which the Planning and Zoning Commission shall grant, deny or modify the requested condition amendments. If the Planning and Zoning Commission determines that the requested condition amendments are not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, and not consistent in purpose and content with the nature of the conditions imposed by the Board, the request shall be considered as a new CUP application and the review and final decision on the request shall be rendered pursuant to, and as provided for, in the provisions of this Article applicable to new CUP applications.
3.
If the Planning and Zoning Commission determines that the requested condition amendments are consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, and also consistent in purpose and content with the nature of the conditions imposed by the Board, it shall not require a new public hearing on the matter, and it shall forward its approval report and recommendation to the Board for final decision. The City Administrator may forward the recommendation of the Planning and Zoning Commission to the Board for placement on the Board of Aldermen's Consent Agenda.
Section 405.317 Criteria For Reviewing Applications.
[Ord. No. 18-12, 12-11-2018]
A.
In considering whether or not such application for a conditional use permit should be granted, it shall be the duty of the Planning and Zoning Commission and the Board of Aldermen to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the City generally. In considering the conditional use, the Planning and Zoning Commission and the Board of Aldermen should consider the following:
1.
Whether the proposed conditional use is consistent with the City's Comprehensive Plan and will not impede normal orderly development of the neighborhood.
2.
The compatibility with surrounding uses and compatibility with the surrounding neighborhood, including any substantial impact on property values.
3.
The comparative size, floor area, mass and general appearance of the proposed structure in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.
4.
The amount of traffic movements generated by the proposed use and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood in terms of the street's capacity to absorb the additional traffic and any significant increase in hourly or daily traffic levels.
5.
The added noise level created by activities associated with the proposed use and the impact of the ambient noise level of the surrounding area and neighborhood.
6.
The impact of night lighting in terms of intensity, duration and frequency of use as it impacts adjacent properties and in terms of presence in the neighborhood.
7.
The impact of the landscaping of the proposed use in terms of landscaped areas, buffers and screens.
8.
The potential for the proposed use to remain in existence for a reasonable period of time and not become vacant or unused. Consideration should also be given to unusual single purpose structures or components of a more temporary nature.
9.
Whether there are any facilities near the proposed use (such as schools or hospitals) that require special protection.
B.
No conditional use permit shall be recommended by the Commission or approved by the Board unless written findings of fact based directly on the particular evidence presented to it supports said recommendation. The written findings of fact shall respond favorably to the aforementioned standards and include a written description responding to each.
Section 405.318 Concept/Site/Area Plan Review.
[Ord. No. 18-12, 12-11-2018]
A.
The concept plan mentioned in the above Sections does not replace the Site Plan and Area Plan requirements of Article VII and Article X which shall be a condition of granting any conditional use permit for which a Site Plan or Area Plan is required. After an application for a conditional use permit has been approved pursuant to this Article, the application for approval of a separate Site Plan or Area Plan as required by Article VII or X may be made, in writing, to the Zoning Commissioner. The Zoning Commissioner shall review the application for approval of the separate Site Plan or Area Plan and determine whether there are one (1) or more variations between the concept plan required by this Article and the separate Site or Area Plan requirement of Article VII and Article X. If there is/are variations, then the Zoning Commissioner shall determine if the required variation(s) is/are major as defined below. After such determination, the Site/Area Plan's variation(s) from the approved concept plan shall be reviewed as set forth herein.
1.
Minor Variation. If the Zoning Commissioner deems any one (1) of the requested variations to be minor, the Commissioner or the Commissioner's designee may grant or deny or modify the variation(s). "Minor variation" for purposes of this Section shall mean variations which do not alter the original design characteristic of the approved concept plan. Minor variations are limited to any one (1) or two (2) (but not more) of the following:
a.
Any reduction of the gross square footage of a conditional use (whether a building footprint or exterior premises dedicated to the conditional use), or an increase of no greater than fifteen percent (15%) of that conditional use, provided the proposed lot layout and transportation system remain substantially as shown on the concept plan; or
b.
A minor change in the orientation or location of buildings and/or off-street parking, provided the proposed lot layout and transportation system remain substantially as shown on the concept plan and such relocation is no closer to any occupied residence or the boundary of any agricultural or residential zoning district; or
c.
Relocating stormwater infrastructure, accessory structures, and fences, provided the proposed lot layout and transportation system remain relatively unaffected; or
d.
Changes to the type of proposed landscaping or natural vegetation (with the exception of screening and/or buffer yard requirements) and any increase in the extent of proposed landscaping or natural vegetation; or
e.
Variations similar in nature to those listed herein, as determined by the Zoning Commissioner.
2.
Major Variation. Any variation which is not deemed by the Zoning Commissioner to be a minor variation as described in Subsection (A)(1), immediately proceeding, shall be a major variation. If the Zoning Commissioner deems the requested variation(s) to be major, the Commissioner shall refer the variation(s) to the Planning and Zoning Commission for consideration under Section 405.316 as a new conditional use permit.
Section 405.319 Revocation Of Conditional Use Permit.
[Ord. No. 18-12, 12-11-2018]
A.
In any case where a conditional use is not in place and in active use within twelve (12) months from the date of granting, and/or in accordance with the terms of the conditional use originally granted or subsequently amended, then, without further action by the Planning and Zoning Commission and/or the Board of Aldermen, the conditional use, or authorization thereof, shall be null and void.
B.
Revocation proceedings may be initiated by the Board of Aldermen in accordance with the following provisions:
1.
Unless the conditional use permit holder and the landowner agree, in writing, that the permit may be revoked, the Board of Aldermen shall hold a public hearing to consider the revocation of the conditional use permit.
2.
The City shall give the permit holder and the landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City or by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.
3.
The public hearing shall be conducted in accordance with rules and procedures established by the Board of Aldermen. At the conclusion of the public hearing, the Board may render its decision or take the matter under advisement.
4.
No conditional use permit shall be revoked unless a two-thirds (2/3) majority of the full Board of Aldermen is satisfied by a preponderance of the evidence that grounds for revocation exist, such as a violation of a condition of the permit or violation of other City ordinance. Any motion for the revocation of a conditional use permit shall clearly state the grounds for revocation.
Section 405.336 Transferability.
[Ord. No. 18-12, 12-11-2018]
All conditional use permits shall be approved for the originating applicant who shall also be the owner or serve as the owner's representative of the subject property. Should title to the property be transferred to a different owner, an applicant for renewal of the original conditional use permit shall be required and approved pursuant the City's conditional use permit review procedures prior to issuing a new business license, pursuant to the requirements herein. Additionally, conditional use permits may not be transferred to any other location by the applicant.